Legal subjectivity: remanding for retrial means that the people's court of second instance decides to revoke the original judgment and remand it to the people's court of first instance for retrial because it thinks that the facts of the judgment of first instance are unclear or the evidence is insufficient. There are two types of cases sent back for retrial: 1. After hearing the appeal and protest, the people's court of second instance considers that the facts of the original judgment are unclear or the evidence is insufficient, and decides to revoke the original judgment and send it back to the court of first instance for retrial. 2. If the people's court of second instance finds that the people's court of first instance violated legal procedures during the trial, it shall make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for retrial. The so-called violation of legal proceedings includes: (1) violation of the provisions of the Criminal Procedure Law on public trial. For example, the nature of the case does not involve state secrets or personal privacy, and the suspect is not a minor under the age of 14, but there was no public trial in the first instance. According to the final evidence, there is no cross-examination in court and so on. (2) Violating the challenge system. Members of the collegial panel and relevant personnel shall withdraw according to law. For example, the judge who should withdraw or other people who should take the initiative to withdraw did not withdraw. (3) depriving or restricting the legal litigation rights of the parties, which may affect the fair trial. During the trial, the judge does not allow the defendant to defend or make a final statement; Failing to appoint defense lawyers for blind, deaf, dumb, minors or defendants who may be sentenced to death according to law; Ignoring or unreasonably refusing the application of the parties or defenders to notify new witnesses to appear in court, obtain new material evidence, and apply for re-appraisal or inspection; The plaintiff's claim for civil compensation for incidental civil action shall not be accepted according to law. (4) The composition of the judicial organization is illegal. For example, people who do not have the legal qualifications of judges, assistant judges and people's jurors participate in the collegial panel; The judge actually attending the trial is inconsistent with the presiding judge and the members of the collegial panel signed on the legal documents; The judicial committee shall study and decide cases with less than half of its members. (five) other violations of the law, which may affect the fair trial.
Legal objectivity:
Article 239 of the Criminal Procedure Law refers to a case remanded for retrial, and the people's court that originally tried it shall form a collegial panel to try it according to the procedure of first instance. The judgment after retrial may be appealed or protested in accordance with the provisions of Articles 227, 228 and 229 of this Law.